Horwitz v. Equitable Mutual Insurance
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court.. I. The policy itself as well as the conditions annexed to it, and as well also the covenants of the application for the policy, make the notification of a subsequent insurance;. and the endorsement thereof on the policy, or an otherwise acknowledgment by the defendant in writing, a promissory warranty. These stipulations were therefore a condition precedent to any right of recovery on the policy — Hutchinson v. Western Ins.
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Appeal from, St. Louis Circuit Court.. I. The policy itself as well as the conditions annexed to it, and as well also the covenants of the application for the policy, make the notification of a subsequent insurance;. and the endorsement thereof on the policy, or an otherwise acknowledgment by the defendant in writing, a promissory warranty. These stipulations were therefore a condition precedent to any right of recovery on the policy — Hutchinson v. Western Ins. Co., 2i Mo. 97 ; Dietz v. Mound City Mut. Fire & L. Ins. Co., 38 Mo. 85; 14 N. T. 418; 9 Cush. 470; 11 Cush. 265; 12 Cush. 144; 6…
1Opinion of the CourtWagner, Judge
This, was an action brought to recover the sum of five thousand dollars insurance on a policy, executed and delivered by the defendant to the plaintiff, covering a certain stock, of foreign and domestic liquors. The policy contained this clause: “ If the said insured or assigns shall hereafter make any other insurance on the same property, and shall not with all reasonable diligence give notice thereof to this company, and have the same endorsed on this instrument or otherwise acknowledged by them in writing, this policy shall cease and be of no further effect.” The defence relied upon was,…
2Cases cited2 opinions
- Hutchinson v. Western InsuranceSupreme Court of Missouri · 1855
- Deitz v. Mound City Mutual Fire & Life InsuranceSupreme Court of Missouri · 1866
3Cited by23 opinions
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- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
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